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Francis v. United States - Response (Hold)

Docket number:

No. 04-322

Supreme Court Term:

2004 Term

Court Level:

Supreme Court

No. 04-322

In the Supreme Court of the United States

ROBERT FRANCIS, PETITIONER

v.

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

MEMORANDUM FOR THE UNITED STATES

Petitioner contends that his sentence under the federal Sentencing Guidelines was imposed in violation of the rule announced in Blakely v. Washington, 124 S. Ct. 2531 (2004). This Court has granted certiorari in United States v. Booker, No. 04-104 (Aug. 2, 2004), and United States v. Fanfan, No. 04-105 (Aug. 2, 2004), to consider whether Blakely applies to the federal Sentencing Guidelines, and, if so, how federal sentencing should be conducted in light of such a conclusion. If the Court were to hold that Blakely applies to the Guidelines, the proper disposition of petitioner's claim could be affected by such a holding (as well as by any applicable doctrines of waiver, forfeiture, and harmless error). Accordingly, the petition for a writ of certiorari should be held pending this Court's decisions in Booker and Fanfan, and then disposed of as appropriate in light of the decisions in those cases.*

PAUL D. CLEMENT Acting Solicitor General

SEPTEMBER 2004

* The government waives any further response to the petition unless this Court requests otherwise.